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NY J87646




July 31, 2003

CLA-2-52:RR:NC:TA:352 J87646

CATEGORY: CLASSIFICATION

TARIFF NO.: 5208.52.3090; 5208.42.4000; 5209.41.3000

Mr. Michael Brooks
The Square Yard Inc.
5150 S. Decatur
Las Vegas, NV 89118

RE: The tariff classification of three plain woven fabrics from India.

Dear Mr. Brooks:

In your letter dated July 16, 2003 you requested a classification ruling.

Three samples of woven fabric accompanied your request for a ruling. The first, designated as “Cotton Flannel Printed”, is a printed plain woven fabric composed of 100% cotton. It contains 16 single yarns per centimeter in the warp and 17 single yarns per centimeter in the filling. This product is constructed using 22/1 c.c. yarns in the warp and 10/1 c.c. yarns in the filling. Weighing 143 g/m2, this item will be imported in 108 centimeter widths. Based on the data provided, the average yarn number for this product has been calculated to be 23 in the metric system. This flannel fabric is characterized by having been napped on both sides and printed on one side with a floral motif.

Style 12-2-263 is a plain woven fabric manufactured with yarns of different colors and composed of 100% cotton. It is characterized by a plaid design. This product contains 28 warp ends per centimeter and 25 filling picks per centimeter. It is constructed using 40/2 c.c. yarns in both the warp and the filling. Weighing 155 g/m2, this fabric will be imported in 137 centimeter widths. Based on the data provided, the average yarn number for this item has been calculated to be 68 in the metric system.

Style “Ticking Stripe” is a hand-loomed plain woven fabric composed of 100% cotton. It is characterized by a colored vertical stripe in the warp direction created by the use of yarns of different colors. This fabric contains 31 warp ends per centimeter and 9 filling picks per centimeter. It is constructed using 40/2 c.c. yarns in the warp and 4/1 c.c. yarns in the filling. Weighing 280 g/m2, this product will be imported in 137 centimeter widths.

The applicable subheading for the fabric designated as “Cotton Flannel Printed” will be 5208.52.3090, Harmonized Tariff Schedule of the United States (HTS), which provides for woven fabrics of cotton, containing 85 percent or more by weight of cotton, weighing not more than 200 g/m2, printed, plain weave, weighing more than 100 g/m2, other, of number 42 or lower number, cheesecloth. The duty rate will be 6.4 percent ad valorem.

The applicable subheading for the fabric designated as style 12-2-263 will be 5208.42.4000, Harmonized Tariff Schedule of the United States (HTS), which provides for woven fabrics of cotton, containing 85 percent or more by weight of cotton, weighing not more than 200 g/m2, of yarns of different colors, plain weave, weighing more than 100 g/m2, other, of numbers 43 to 68. The duty rate will be 11.4 percent ad valorem.

The applicable subheading for the fabric designated as style “Ticking Stripe” will be 5209.41.3000, Harmonized Tariff Schedule of the United States (HTS), which provides for woven fabrics of cotton, containing 85 percent or more by weight of cotton, weighing more than 200 g/m2, of yarns of different colors, plain weave, certified hand-loomed fabrics. The duty rate will be 3.3 percent ad valorem.

The fabric designated as “Cotton Flannel Printed” falls within textile category designation 226. The fabric designated as style 12-2-263 falls within textile category designation 218. Based upon international textile trade agreements products of India are subject to quota and the requirement of a visa. The fabric designated as style “Ticking Stripe” is not subject to either quota restraints or visa requirements provided it is certified as hand-loomed in accordance with procedures established by the United States Trade Representative by an official of a government agency of the country of production.

The designated textile and apparel categories and their quota and visa status are the result of international agreements that are subject to frequent renegotiations and changes. To obtain the most current information, we suggest that you check, close to the time of shipment, the Textile Status Report for Absolute Quotas, which is available at our Web site at www.cbp.gov. In addition, the designated textile and apparel categories may be subdivided into parts. If so, visa and quota requirements applicable to the subject merchandise may be affected and should also be verified at the time of shipment.

This ruling is being issued under the provisions of Part 177 of the Customs Regulations (19 C.F.R. 177).

A copy of the ruling or the control number indicated above should be provided with the entry documents filed at the time this merchandise is imported. If you have any questions regarding the ruling, contact National Import Specialist Alan Tytelman at 646-733-3045.

Sincerely,

Robert B. Swierupski
Director,

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